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|10-15-02: No injuries visible
|Coroner reports on Kimberly Anderson at time of shooting
By SHELLEY GRIESHOP
The Daily Standard
DEFIANCE - Kimberly Anderson had no visible injuries the night she shot
and killed her estranged husband, Auglaize County Coroner Dr. Thomas Freytag testified
this morning, the sixth day of her murder trial.
Freytag recapped for jurors his interview and brief examination of
Kimberly Anderson at the scene of Brent Anderson's death. Results of that exam were that
she did not suffer any visual wounds during the incident, Freytag said, during cross
examination by prosecutors.
Kimberly Anderson previously testified that she and Brent Anderson had
argued and that she "half ran, half fell" up the stairs of her home before
grabbing a gun and shooting him after he allegedly chased her up the stairs.
Also on the stand this morning was L.J. Dragovich, a forensic
pathologist from Pontiac, Mich. Dragovich was called by the defense to give expert
testimony on the wounds found on Brent Anderson's body.
Dragovich told jurors that he believed the Lucas County Coroneršs
report was largely accurate.
Dragovich said he believes the multiple gunshots did not immediately
kill Brent Anderson.
"It took some time for him to die. It may have taken several
minutes. He did not die instantaneously," Dragovich said.
As for the grazing wound that was found to the lower back of Brent
Anderson, Dragovich said it was inconclusive if that was the first shot fired. Lucas
County Coroner Dr. Cynthia Beisser had previously testified
that she believes that was the first shot Kimberly Anderson fired.
Dragovich also said it was inconclusive as to whether Brent Anderson was moving
forward at the time Kimberly Anderson began shooting. He said it was good possibility both
were moving forward or sideways during the shooting.
Under cross examination by Auglaize County Assistant Prosecutor Amy
Fox, Dragovich admitted he had only seen the autopsy report and scenes from the autopsy
before arriving at the courthouse this morning. Fox also drew out in cross examination
that Dragovich had not read any of Kimberly Anderson's statement as of today.
Dragovich said he purposely did not read the statement because he did
not want to come to any preconceived opinions about the shooting.
"Do I have all the answers? No, I never will probably. But that's
the limitations," Dragovich said.
If Auglaize County Common Pleas Judge Frederick Pepple's prediction is
correct, the Defiance County jurors - five men and seven women - will begin deliberating
on the testimony and evidence in the murder case by early Wednesday afternoon. Auglaize
County Prosecuting Attorney Ed Pierce indicated Friday that he may call rebuttal witnesses
to the stand Wednesday morning before closing arguments are presented to the jurors by
The case was moved to the relatively small Defiance County Courthouse
after a change of venue was granted to the defense just three days before the trial
began Oct. 7. Pepple changed the trial's location due to pretrial publicity which defense
attorney, Alan Konop of Toledo, said would make it difficult to find unbiased jurors in
Auglaize County. The courtroom, which seats only 38, has become increasingly more crowded
each day of the trial.
Kimberly Anderson, 38, of rural Wapakoneta, is accused of the
multiple-shooting death of her estranged husband, Brent Anderson. She claims the
37-year-old Celina attorney, whom she married in August 1998, came after her during a
fight they had on Sept. 2, 2001.
Kimberly Anderson testified that an argument erupted that Sunday
afternoon when she confronted her husband about sexual abuse allegations made by one of
their two young sons. She stated during testimony that Brent Anderson threatened that he
was not going to let her tell anyone about the alleged sexual abuse.
Kimberly Anderson has been indicted for aggravated murder, murder and
voluntary manslaughter. Because the indictment is in the "alternative," she can
be sentenced to only one of the charges if convicted of more than one. Jurors, however,
can find her guilty or not guilty of any or all of the charges.
To convict her of aggravated murder, jurors must find that she
purposely and with prior calculation and design caused Brent Anderson's death. If found
guilty, she faces life in prison with the possibility of parole after 20 years.
Jurors must find she purposely caused the death of Brent Anderson to
find her guilty of murder. If convicted of that charge, she faces a life in prison with
the chance of parole after 15 years.
If found guilty of voluntary manslaughter, jurors must be convinced
Kimberly Anderson killed her husband under the influence of sudden passion or in a fit of
rage, fright, terror or wild desperation, which must have been provoked by Brent Anderson.
If found guilty of this lesser charge of the three, she would face a maximum of 10 years
All three indictment charges carry firearm specifications, which add a
mandated three years to the prison term of each.
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